Kentucky Marijuana Laws
Kentucky has a long history with hemp, and residents may purchase and possess hemp-derived CBD containing no more than 0.3% THC. With no medical marijuana program in place, all cannabis use remains illegal.
LAW BREAKDOWN
LAW BREAKDOWNS
Kentucky is known as the Bluegrass State, but with its status as a leader in arrest rates for marijuana, it might be more accurately referred to as the Grass state. Marijuana is banned for any use in KY, although CBD products can be purchased over the counter.
Possession
Possession of less than 8 ounces of cannabis for personal use is a misdemeanor in Kentucky, punishable by up to 45 days in jail and $250 in fines. Possession of larger amounts, even for personal use, is treated as felony sale or trafficking.
Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
Less than 8 oz | Misdemeanor | 45 days | $ 250 |
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Sale or Trafficking
Sale or trafficking of small amounts of marijuana, less than 8 ounces, is a misdemeanor on a first offense, and the top penalty is 1 year in jail and $500 in fines. For a subsequent offense, sale or trafficking of less than 8 ounces is a felony punishable by between 1 year in jail and 5 years in prison, plus $10,000.
Sale or trafficking of greater amounts is a felony. If the weight is between 8 ounces and 5 pounds, the penalty for a first offense is between 1 year in jail and 5 years in prison, along with up to $10,000 in fines. On a subsequent offense, sale or trafficking of the same amount carries a sentence of at least 5 years in prison and as many as 10, as well as a $10,000 fine.
If the weight is greater than 5 pounds, first-time offenders face a penalty of between 5 and 10 years in prison and $10,000 in fines. On a subsequent conviction, the same offense is punishable between 10 and 20 years in prison and a $10,000 fine.
Sale of marijuana to a minor is also a felony, punishable by between 5 and 10 years in prison and a $10,000 fine on a first offense. A subsequent conviction brings a sentence of 10 to 20 years in prison and a top $10,000 fine. Finally, sale or trafficking within 1,000 yards of a school or park is a felony with a penalty of 1 year in jail to 5 years in prison, plus $10,000 in fines.
Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
Less than 8 oz (first offense) | Misdemeanor | 1 year | $ 500 |
Less than 8 oz (subsequent offense) | Felony | 1 – 5 years | $ 10,000 |
8 oz – 5 lbs (first offense) | Felony | 1 – 5 years | $ 10,000 |
8 oz – 5 lbs (subsequent offense) | Felony | 5 – 10 years | $ 10,000 |
5 lbs or more (first offense) | Felony | 5 – 10 years | $ 10,000 |
5 lbs or more (subsequent offense) | Felony | 10 – 20 years | $ 10,000 |
To a minor (first offense) | Felony | 5 – 10 years | $ 10,000 |
To a minor (subsequent offense) | Felony | 10 – 20 years | $ 10,000 |
Within 1000 yards of a school or park | Felony | 1 – 5 years | $ 10,000 |
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Cultivation
Growing fewer than 5 plants is a misdemeanor on a first offense and carries a maximum sentence of 1 year in jail and $500 in fines. The same offense is a felony on a subsequent conviction and comes with a penalty of between 1 year in jail and 5 years in prison and $10,000 in fines.
On a first offense, growing 5 or more plants is a felony and is punishable by a maximum fine of $10,000 and a sentence of between 1 year in jail and 5 years in prison. On a subsequent offense, the same crime carries a penalty of 5 to 10 years in prison and a $10,000 fine.
Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
Less than 5 plants (first offense) | Misdemeanor | 1 year | $ 500 |
Less than 5 plants (subsequent offense) | Felony | 1 – 5 years | $ 10,000 |
5 plants or more (first offense) | Felony | 1 – 5 years | $ 10,000 |
5 plants or more (subsequent offense) | Felony | 5 – 10 years | $ 10,000 |
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Concentrates
Hashish and other cannabis concentrates are treated the same as traditional marijuana products under Kentucky law. Among other things, this means the weight limits are the same and the penalties are no greater than they otherwise would be.
Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
Penalties for hashish are the same as for marijuana. Please see the marijuana penalties section for further details. |
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Paraphernalia
Possession, use, sale, and advertising of marijuana paraphernalia are all class A misdemeanors in Kentucky, unless the paraphernalia is marketed, sold and used only for legal purposes. Paraphernalia includes all drug-related items, including those used in the cultivation, harvesting, processing, analysis, storage, inhaling, ingesting, or any other consumption of marijuana. Penalties include up to one year in jail and a maximum $500 fine.
Offense | Penalty | Incarceration | Max. Fine |
---|---|---|---|
Possession of paraphernalia | Misdemeanor | 1 year | $ 500 |
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Medical Marijuana
MEDICAL MARIJUANA
Kentucky became the third state to legalize CBD oil in Apr, 2014, when the state decided to exempt industrial hemp from the definition of marijuana, as well as to exept CBD if used “pursuant to the written order of a physician practicing at a hospital or associated clinic affiliated with a Kentucky public university.”
A 2017 bill further clarified that CBD products derived from industrial hemp are legal.
QUALIFYING CONDITIONS:
Intractable epilepsy
PATIENT POSSESSION LIMITS:
Possession of CBD is only allowed by persons acting within a state-sponsored clinical protocol.
HOME CULTIVATION:
No
STATE-LICENSED DISPENSARIES:
No
CAREGIVERS:
No
RECIPROCITY:
No
Kentucky Marijuana Attorneys
The following Kentucky lawyers are actively involved in the practice of cannabis law: